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Philippine Fisheries Code of 1998 (Republic Act No. 8550).
An Act providing for the development, management, and conservation of fisheries and aquatic resources, integrating all laws pertinent thereto, and for other purposes.
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Countries: Philippines
Regions: ASIA;South-Eastern Asia;North Pacific;East Asian Seas;ASIA AND THE PACIFIC
Date of Text: 16/05/1998
Entry into Force: Enters into force on 28 July 1998.
Source: Official Gazette No. 28 of 13 July, 1998, pp. 23-56.
Amends: LEX-FAOC002064 Presidential Decree on Fisheries 1975 (No. 704 of 1975). 16/05/1976
Implemented by: LEX-FAOC019575 Implementing Rules and Regulations of the Philippine Fisheries Code of 1998 (Administrative Order No. 3 of 1998 of the Department of Agriculture). 08/05/1998
Type of Text: Legislation
Abstract: The Code makes provision for the management and conservation of fisheries and aquaculture in the Philippines and the reconstitution or establishment of fisheries institutions both at the national and local level.The text consists of 133 sections which are divided into 8 Chapters: Chapter 1 declares the policy of the State with respect to fisheries and contains a large definitions section. It is a declared policy to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of Filipino citizens. Another principle of policy is the protection of municipal fishermen. Fishery and aquatic resources shall be managed in a manner consistent with the concept of integrated coastal area management. Definitions listed in section 4 include: coastal area/zone; commercial fishing; municipal waters; foreshore land; maximum sustainable yield; post harvest facilities.Chapter II contains the main body of rules relative to the management and conservation of fisheries and to aquaculture. Fisheries are classified in municipal fisheries, i.e. fishing in municipal waters, and commercial fishing. Provisions of the Chapter also regulate post-harvest facilities, activities and trade.The Bureau of Fisheries and Aquatic resources is reconstituted and Fisheries and Aquatic Management Councils are created under provisions of Chapter III. The Bureau is a national policy advisory and policy implementation body. A National Fisheries and Aquatic Management Council is created under section 70 and municipal/city councils under section 73. These institutions shall assist in the formulation of national polices and local policies respectively. The Department of Fisheries may designate areas in Philippine waters beyond 15 kilometres of the shoreline as fishery reservation or fish refuges and sanctuaries in bays, foreshore lands, continental shelf or any fishing ground to be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish.Remaining Chapters deal with fisheries research and development (V), prescribe penalties and offences (VI), and contain general provisions (VII).
Comment: Presidential Decree No. 704, as amended by Presidential Decree Nos. 1015 and 1058, Presidential Decree No. 977, as amended, Executive Order No. 967, Series of 1984, Executive Order No. 116, Series of 1987, Executive Order No. 292, Series of 1987, E.O. No. 473, Series of 1991 and other existing laws except RA 7611, decrees executive orders, and rules and regulations or parts thereof, which are inconsistent with this Code, are hereby repealed or modified accordingly.
Main subjects: Fisheries